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A STATE OF COLD P n O <br />DIVISION OF RECLAMATION, MINING AND SAFETY t I~ <br />Department of Natural Resources `~~J~ <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 8663567 <br />FAx: (303) 832-8106 <br />July 3, 2007 ~- <br />Mr. Abe Vasquez <br />Luis M. Vasquez <br />PO BOX 122 <br />Lyons, CO 80540 <br />RE: Lyon King Quarry; Permit No. M-1999-064 ~ <br />Notice of Possible Violations <br />DeazMr. Vasquez <br />Harris D. Sherman <br />Enecutive Director <br />Ronald W. Gttany <br />Division Director <br />Natural Resource Trustee <br />On November 9, 2006 the Division of Reclamation, Mining and Safety (Division) conducted a routine <br />inspection of the Lyon King Quarry. As a result of the inspection, the Division determined that the <br />existing financial warranty in the amount of $2,500.00 is not adequate to reclaim the site to the approved <br />reclamation plan. <br />On March 26, 2007, the Division informed Luis M. Vasquez ofthe increase in financial warranty forthe <br />permit referenced above pursuant to 34-32.5-117(4)(c)(I)(A) of the Colorado Land Reclamation Act for <br />the Extraction of Construction Materials. The Division raised the financial warranty from $2,500.00 to <br />$8,400.00. The bond increase was due no later than May 29, 2007, and has not been received to date. <br />Therefore, the Division believes the Operator to be in possible violation of the Colorado Land <br />Reclamation Act for the Extraction of Construction Materials Rules and Regulations, specifically: C.R.S. <br />34-32.5-117(4)(b)(I) for failure to maintain sufficient financial warranty to assure the completion of <br />reclamation on the affected land, and C.R.S. 34-32.5-117(4)(c)(II) for failure to submit a financial <br />warranty within 60 days of adjustment. <br />The Division will schedule this matter before the Mined Land Reclamation Board. <br />A Formal Public Hearing will be held during the August 15-16, 2007 Boazd meeting for consideration of <br />the possible violations. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Cobrado, <br />beginning at 9:00 a.m. or as soon thereafter on each of those days or as soon thereafter as the matter can <br />be considered. At that hearing you will have the opportunity to be represented and heazd. It will be <br />reiterated that there is reason to believe that you are in violation of the provisions noted above. <br />If the Boazd finds a violation at this hearing, it may issue a Cease and Desist Order, assess a Civil Penalty <br />in the amount of $100.00 to $1,000.00 for each day of violation. If you have evidence indicating that the <br />possible violations noted above do not exist or have been corrected, please provide it to us as soon as <br />possible or bring it to the hearing. <br />COLORADO <br />DIVISION OF <br />RECLAMATION <br />MINING <br />- &- <br />SAF ETY <br />1 ~ l~ ~ ` ~ Bill Ritter, Jr. <br />Govemar <br />Office of Office of <br />Mined Land Reclamation Denver Grand Junction Durango Active and Inactive Mines <br />